The Business Law Reports
[2018] Bus LR 1313
Supreme Court
Regina (Gallaher Group Ltd and others) v Competition and Markets Authority
[2018] UKSC 25
2018 March 13,
14;
May 16
May 16
Lord Mance DPSC, Lord Sumption, Lord Carnwath, Lord Hodge, Lord Briggs JJSC
Competition— Breach of competition law— Penalty— Defendant competition authority investigating practices of producers and retailers of tobacco products— Claimants and third party retailer entering into early resolution agreements accepting liability for infringements in return for reduced financial penalties— Defendant giving assurances to third party retailer that penalties would be refunded should appeals by other parties be allowed— Claimants not receiving similar assurances— Defendant honouring assurances to third party retailer following successful appeals— Defendant refusing to refund penalties paid by claimants— Whether inequality of treatment and unfairness grounds for review of defendant’s decision— Whether unequal treatment irrational